2009/10/05 01:50:43 PM Moxxie Posts: 2	Hi, i've got a sectional title unit (3 bedroom) in Richards Bay. The tenant started occupying the unti in March 2008 and to date, only 4 or 5 rentals have been made in time on the first of each month. The rest have been paid mid month or towards the 20th/21st or even 29th of a month. I've got an agent managing this, but she's also struggling with this tenant (phones off, no replies to e-mails etc). I'm thinking of going legal on him, but am afraid of the costs which i don't have. even for some months I've had to become very creative in trying to not have my debit orders declined. How much, on average, would legal costs ask from my pocket in order to evict him? How long would it take for that eviction order to be issued by the sheriff? I've got all proof that he has paid terribly in the past 19 months (and somehow I let him do it even more). In an attempt to get him get to get himself out of my property, is it unreasonable to just raise the rent by 30% and then tell him to either take it or leave it. Actually, i haven't raised the rent a dime at all since he started leasing - it was even hard to get one tenant at the end of 2007!
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2009/10/05 06:54:36 PM Michelle Posts: 142	Hi Moxxie, Sounds frustrating to be dealing with such tardy payers. Is your letting agent using the TPN rental payment updater - it is a free TPN service and encourages tenants to make full and timeous rent payments. Other solutions, if your tenant does not pay on due date you can demand payment in writing within X number of days (read your lease agreement "breach clause" to see how many days). If rent remains unpaid in full you can cancel the lease and demand the tenant vacates immediately. (Although practically, it is better to give the tenant a week or until the end of the month to find alternative accommodation). We have a cancellation letter you are welcome to use (request from me direct: michelle@tpn.co.za). Thanks Michelle
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2009/10/06 02:55:02 PM VAN VUUREN ATTORNEYS Posts: 14	Dear Moxxie With reference to your question we would like to offer the following advice: 1. We suggest sending a letter of Demand to the tenant for the outstanding amount this letter of demand is usually a 7 day letter of demand however the period of the demand will be determined by the breach clause in you agreement to lease. 2. If no response is received from the tenant the legal process will be the following: 2.1 A cancellation letter will be sent to the tenant cancelling the lease. 2.2 A temporary (Rule Nisi) Order will be obtained from court. 2.3 Notice in terms of the prevention of Illegal eviction and unlawful occupation act will be served on the tenant as well as the local municipality. 2.4 Your attorney will have the opportunity to appear in court 14 days after these notices have been served. 2.5 The court will grant an Eviction Order and give the tenant approximately 1 calendar notice to vacate the premises. 3. The time period from beginning to eviction is approximately 2 months. 4. Legal costs for obtaining an eviction order range from R3000 to R7000, the account is taxed after the order is obtained and the majority of the costs will be claimed from the tenant. However you are still the responsible person for the legal account. 5. Should you have any further questions in this regard you are welcome to call our offices, regards Van Vuuren Attorneys, 012 361 9638
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